KAVITA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C., 1973 has been filed by complainant-Kavita seeking quashing of impugned order dated 16.04.2016 passed by the Court of Judicial Magistrate 1st Class, Bhiwani as well as impugned order dated 26.04.2017 passed by learned Additional Sessions Judge, Bhiwani whereby both the Courts have, dismissed application under Section 319 Cr.P.C., 1973

(2.) The petitioner prays that petition be accepted and application under Section 319 Cr.P.C., 1973 for summoning of private respondents No.2 to 4 be allowed.

(3.) Briefly stated the facts of the case are that complainant-Kavita had got recorded FIR No.5 dated 03.09.2015 for offences under Sections 323, 498-A, 506 of the Indian Penal Code ("IPC" - for short) with Police Station Women, Bhiwani. Her husband Sunil was sent up to face trial, during the course of trial, statement of complainant was recorded where she named Ravinder Kumar Chauhan, Krishna Devi, Sushil Kumar as her tormentors along with her husband Sunil Kumar already facing trial. An application under Section 319 Cr.P.C., 1973 was filed by the prosecution to summon such persons named by complainant in her statement an additional accused to face trial along with accused Sunil Kumar, but that application was dismissed by the Court of Judicial Magistrate Ist Class, Bhiwani vide order dated 16.04.2016. The complainant Kavita preferred a revision petition against that order but the same was dismissed by learned Additional Sessions Judge, Bhiwani vide judgment dated 26.04.2017. Feeling aggrieved by the said order, present petition has been filed. 3. 1. Notice of the petition was given to the respondents.